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Author Archives: dmc-admin

2009AP2904-J Wisconsin Judicial Commission v. Zodrow

Professional ResponsibilityPublic reprimand Where municipal judge John A. Zudrow engaged in misconduct by failing to dispose of judicial matters promptly, efficiently, and fairly and by willfully or persistently failing to perform official duties, a public reprimand is appropriate."The misconduct at ...

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Frye, et al. v. Liberty Mutual Fire Ins. Co., et al.

Spinal injuries causally related to accidentPERSONAL INJURY: $425,000 settlementCase name: Frye, et al. v. Liberty Mutual Fire Ins. Co., et al.Injuries claimed: Cervical and lumbar spine disc injuriesCourt: Milwaukee County Circuit CourtCase number: 08CV003124Judge: Hon. Mel FlanaganVerdict & Settlement: Settled ...

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09-2924 Stephenson v. Wilson

Habeas CorpusIneffective assistance; visible restraints A state court prisoner is not entitled to habeas corpus although his attorney failed to object to the court's requiring him to wear a stun belt during trial."The speculative nature of the inquiry into prejudice, ...

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Marissa L. Santiago

Milwaukee County Circuit Court Judge Jean DiMotto enthusiastically nominated assistant district attorney Marissa Santiago as an Up and Coming lawyer: “She is a poised and elegant prosecutor with an extremely pleasant in-court style that is well received by courts, juries, ...

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2010AP551-CR State v. Schmidt

EvidenceBest evidence rule Kurt Schmidt appeals a judgment of conviction for disorderly conduct. Schmidt argues the conviction is not supported by sufficient evidence. He also asserts the admission of digital copies of voice recordings left on his ex-wife’s answering machine ...

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09-3082 Xodus v. Wackenhut Corp.

EmploymentReligious discrimination Where an employer refused to hire an employee because he refused to cut his dreadlocks to conform with the employer's grooming policy, but the employee never gave a religious reason for refusing, the employer did not discriminate on ...

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08-3538 Hutchings v. U.S.

Criminal ProcedureIneffective assistance; prejudice Where a defendant cannot show that he would not have pleaded guilty but for his attorney’s bad advice, his ineffective assistance of counsel claim must fail. “We are unpersuaded by the subjective evidence that Hutchings would ...

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09-3518 U.S. v. Hudson

SentencingPrior convictions; look-alike drug crimes “Look-alike” drug offenses constitute controlled-substance offenses for sentencing purposes. “The Sentencing Commission frequently makes use of an explicit cross-reference to incorporate one provision or definition into another. See, e.g., U.S.S.G. § 2D1.1 n.3 (drawing the ...

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2009AP2030-CR State v. Nick J.W.

IncestSufficiency of the evidence Nick J.W. was tried and convicted of incest. The victim was his biological daughter, Delores, who was sixteen years old at the time of the assaults. Nick asserts that the evidence was insufficient to support his ...

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2009AP2769 Grochowski v. Hofacker

PropertyLandlord-tenant; attorney fees Lyle and Theresa Hofacker appeal a small claims judgment in favor of their former tenants, Daniel Grochowski and Crystal Aguirre. On the whole, the Hofackers’ claimed errors are without merit. However, the Hofackers are correct that the ...

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2009AP2532-CR State v. McAnallen

Search and SeizureFranks motions Joshua McAnallen appeals a judgment convicting him of second-offense possession of THC. He contends the circuit court erred when it denied his motion to suppress evidence seized pursuant to a search warrant and when it denied ...

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Juan S. Ramirez

Juan Ramirez says his motto is “Never quit.” “I loathe being defeated,” he said. It’s a motto that has served him well in the litigation practice group at Michael Best & Friedrich. One case file has been on his desk ...

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Joshua R. Welsh

Being the son of two teachers, it’s not surprising that Joshua R. Welsh received his undergraduate degree in education. But when he started school, he knew he eventually wanted to practice law. After a short stint in teaching, he went ...

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2009AP2906 State v. Jesenia R.

JuvenilesTPR; ineffective assistance Jesenia R. appeals the termination of her parental rights to Elizabeth B., born September 20, 2007. Jesenia R. was born in 1987. She claims that her lawyer gave her ineffective representation in both the grounds phase and ...

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Jason E. Kuwayama

All children dream about what they’ll do when they grow up. Jason E. Kuwayama recalls playing with his best friend, who announced that he wanted to be a doctor. Kuwayama responded that he would become a lawyer and protect his ...

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2010AP234 Sprague v. Andrews

ContractsQuantum meruit Kevin Andrews appeals a small claims judgment awarding $3,500 plus court costs to Richard Sprague. Andrews argues the court’s award was without any basis in law. We agree and reverse. This opinion will not be published. 2010AP234 Sprague ...

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2002AP1871-D OLR v. Banks

Professional ResponsibilityReinstatement Where revoked attorney Elvis C. Banks failed to take the required CLE credits, failed to comply with the terms of his revocation, and failed to file tax returns, reinstatement is denied. “After our review of the matter, we ...

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2009AP765-CR State v. Webb

Criminal ProcedureRight against self-incrimination Robert Webb appeals a judgment, entered upon a guilty plea, convicting him of repeated first-degree sexual assault of a child, contrary to Wis. Stat. § 948.025(1)(a). Webb argues the conviction unconstitutionally penalizes him for exercising his ...

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Steven C. McGaver

Steven C. McGaver didn’t want to follow his father in the law enforcement profession, or take his grandfather’s advice to attend the United States Naval Academy. He wanted to be a lawyer. Four years into his legal career, McGaver has ...

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2010AP1093-FT M&I Marshall & Ilsley Bank

PropertyForeclosure; fair value; unpaid property taxes James Peterson appeals an order confirming a sheriff’s sale and entry of a deficiency judgment. Peterson contends the circuit court erred by setting a fair value not supported by evidence and by erroneously subtracting ...

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2009AP2528-CR State v. Franklin

SentencingBias Tarvel Franklin appeals a judgment of conviction for first-degree sexual assault of a child and an order denying his motion for postconviction relief. Franklin argues he is entitled to resentencing because the presentence investigation writer was biased. We reject ...

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Byron C. Lichstein

When attorney Byron C. Lichstein joined the faculty at the University of Wisconsin Law School at the beginning of 2004, he was the youngest clinical professor at the Frank J. Remington Center. That made sense, since Lichstein has just gotten ...

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Milwaukee Journal Archives

On April 1, 2010, WisBlawg’s Bonnie Shucha wrote about archived news articles from the Milwaukee Journal/Sentinel being available via Google News. Well, the Milwaukee Journal/Sentinel now offers a search option on their homepage to search archives from 1884 – 2007. ...

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Erin K. Murphy

Erin K. Murphy’s journey toward practicing immigration law began with a year of teaching special education classes in Quito, Ecuador. After graduating with a degree in education and rehabilitational psychology, she found The Working Boys’ Center, a volunteer program founded ...

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2009AP1524 SEIU v. WERC

LaborDuty of fair representation Multiple acts by a union, none of which is arbitrary individually, cannot be considered arbitrary in the aggregate. “WERC has never before held that various substantially different actions, none of which are arbitrary individually, can nonetheless ...

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